- 1
- Interest arising in one of the States and paid to a resident of the other State shall be taxable only in that other State.
- 2
- The term ‘interest’ as used in this Article means income from Government securities, bonds or debentures, whether or not secured by mortgage but not carrying a right to participate in profits, and debtclaims of every kind as well as all other income assimilated to income from money lent by the taxation law of the State in which the income arises.
- 3
- The provisions of paragraph 1 shall not apply if the recipient of the interest, being a resident of one of the States, has in the other State in which the interest arises a permanent establishment with which the debt-claim from which the interest arises is effectively connected.
- In such a case, the provisions of Article 7 shall apply.
- 4
- Where, owing to a special relationship between the payer and the recipient or between both of them and some other person, the amount of the interest paid, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the recipient in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payments shall remain taxable according to the law of each State, due regard being had to the other provisions of this Convention.
